Feds eye tougher FR rule
By David Perry -- Furniture Today, January 22, 2006
Washington — The staff of the U.S. Consumer Product Safety Commission is recommending a tougher federal mattress flammability standard than the one already on the books in California.
Industry insiders shared that assessment with Furniture/Today in looking at the details that emerged last week on the proposed FR federal standard. Some said the standard might not take effect until July 2007, rather than early next year as many in the industry had assumed.
The CPSC report said its staff recommends the standard take effect "at the earlier of Jan. 1 or July 1 following the date 12 months after publication of the Federal Register notice."
Ryan Trainer, executive vice president and general counsel of the International Sleep Products Assn., said in a memo to ISPA members last week that the staff proposal would mean that the standard "will apply to mattresses manufactured on or after July 1, 2007." That date is in the draft FR notice, ISPA said.
The commission is scheduled to decide whether to accept those recommendations by Feb. 16 of this year, Trainer said.
He added that it appears the CPSC "has agreed with many comments submitted on behalf of the mattress industry by ISPA and the Sleep Products Safety Council."
Mike Murray, Sealy's vice president and legal counsel, said that after a brief review of the CPSC materials, company officials "are generally pleased with the CPSC's revisions and final draft. We are especially pleased that numerous revisions that Sealy and the industry requested were considered and incorporated by the CPSC." He said the proposal "appears to be a very pragmatic standard that addresses the concerns and needs of the industry and consumers."
Murray referred to July 2007 as the "likely enforcement date," but added, "We think of this for the most part as a non-issue, as we believe open-flame resistance for mattresses prescribed by (the proposed standard) is becoming an industry standard and should and can be adopted by the entire industry before the ultimate compliance date set by the CPSC."
The CPSC staff recommends the commission adopt a standard specifying that the total heat release during the first 10 minutes of the burn test cannot exceed 15 megajoules, and that the peak heat release rate during the 30-minute test cannot exceed 200 kilowatts, the draft proposal says.
The 15-megajoule limit is significantly tougher than the standard in place in California, according to industry insiders. California's open-flame standard, which went on the books in January 2005, puts the release rate at 25 megajoules. California has a 200-kilowatt limit for the 30-minute burn test, the same as that proposed by the CPSC staff.
A lower initial heat release rate rule could mean that some mattresses that meet the California standard would not meet the proposed federal standard, insiders said.
ISPA said the proposed CPSC standard would apply to foreign-made mattresses as well as those produced in the United States. It also would cover renovated mattresses.
The CPSC's briefing package also addresses the issue of the safety of FR chemicals. It said the use of such chemicals was "a major concern" of consumers commenting on the proposed standard. But the results of a risk assessment by CPSC "indicate that there are a number of commercially available FR-treated barriers that can be used to meet the staff's draft final mattress flammability standard. These chemicals are not expected to pose any appreciable risk of health effects to consumers who sleep on treated mattresses," the executive summary states.
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